Kaitet Tea Estate (1977) Ltd v Simatwa & another (Civil Application E059 of 2021) [2022] KECA 1421 (KLR) (16 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1421
- Citation
- [2022] KECA 1421 (KLR)
- Decided
- 16 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplicant seeks to have the notice of appeal deemed as withdrawnCoramP O KIAGE, MUMBI NGUGI, F TUIYOTT
Holding
The notice of appeal is deemed withdrawn and the notice of motion is allowed
Facts
The 1st respondent filed a notice of appeal against a judgment on May 30, 2018, but failed to institute the appeal within 60 days and has not taken any steps to ensure the appeal proceeds.
Issues
- Whether the notice of appeal should be deemed withdrawn
- Prejudice to the applicant due to the 1st respondent's failure to appeal
Reasoning
The delay in prosecuting the appeal is prejudicial to the applicant, and the respondent has not taken any steps to ensure the appeal proceeds.
Outcome
The notice of appeal is deemed withdrawn and the notice of motion is allowed
Orders
- The notice of appeal dated June 6, 2018 is hereby struck out with costs
- The applicant shall have the costs of this motion also
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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